Piyushkumar Ashwinbhai Thakar vs Premilaben Piyushkumar Thakar
2023 Latest Caselaw 8343 Guj

Gujarat High Court

Piyushkumar Ashwinbhai Thakar vs Premilaben Piyushkumar Thakar on 1 December, 2023

Author: A.Y. Kogje

Bench: A.Y. Kogje

                                                                                            NEUTRAL CITATION




     R/CR.MA/13317/2022                                       ORDER DATED: 01/12/2023

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        IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR CONDONATION OF DELAY) NO.
                        13317 of 2022
                             In
       R/CRIMINAL REVISION APPLICATION NO. 710 of 2022
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                      PIYUSHKUMAR ASHWINBHAI THAKAR
                                   Versus
                      PREMILABEN PIYUSHKUMAR THAKAR
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Appearance:
MR.MRUDUL M BAROT(3750) for the Applicant(s) No. 1
MR LB DABHI, APP for the Respondent(s) No. 3
UNSERVED WANT OF TIM for the Respondent(s) No. 1,2
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 CORAM:HONOURABLE MR. JUSTICE A.Y. KOGJE
                  Date : 01/12/2023
                   ORAL ORDER

1. The present application is for condoning delay of 1067 days which has taken place in preferring the Revision Application against the judgment and order dated 31.01.2017 by the Family Court, Ahmedabad in an application for maintenance. Though, the rule is reported to be unserved. Learned advocate has indicated to the Court that the respondent-wife has preferred a Criminal Revision Application No.318 of 2017 wherein the learned advocate has appeared on behalf of the husband, the petitioner herein. Therefore, the husband and wife are both aware of the proceedings in connection with the maintenance.

2. Learned advocate has indicated that the applicant had suffered heart problem, and therefore, during the Covid period, the applicant was unable to take up the proceedings for filing the Revision Application. Learned advocate for the applicant

NEUTRAL CITATION

R/CR.MA/13317/2022 ORDER DATED: 01/12/2023

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has, therefore, submitted that as the very order which is the subject matter of challenge in the revision is also a subject matter of challenge in the Revision Application filed by the respondent-wife. The delay may be condoned.

3. Having considered the submissions made by learned advocate and particularly the submissions made with regards to the medical condition of the applicant and the period of Covid intervening and also considering the fact that the very order impugned in the present application is a subject matter of challenge in Criminal Revision Application No.318 of 2017 preferred by the respondent-wife. The Court deems it fit to condone the delay of 1067 days particularly the issue is arising out of a matrimonial dispute. The assurance is also given by the learned advocate to explore the possibility of settlement. The present application is allowed. Delay of 1067 days in preferring Revision Application against the judgment and order dated 31.01.2017 by the Family Court, Ahmedabad is hereby condoned.

Main matter to be listed alongwith Criminal Revision Application No.318 of 2017.

(A.Y. KOGJE, J)

Manoj Kumar Rai